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RESOLUTION NO. 2009-62
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, ADOPTING NEGATIVE DECLARATION
NO. 2008-11 FOR ZONING ORDINANCE TEXT
AMENDMENT NO. 2008-04
(WRCOG MODEL ORDINANCE)
WHEREAS, the Water Efficiency in Landscaping Act requires that in 2009
DWR update and circulate a revised model water efficient landscaping ordinance that
provides improved methodologies for reducing water use in landscaping; and
WHEREAS, the Water Efficiency in Landscaping Act further requires that,
on or before January 1, 2010, local agencies adopt either: (1) the updated model water
efficient landscape ordinance prepared by the DWR or (2) a water efficient landscape
ordinance that is, based on evidence in the record, at least as effective in conserving
water as the updated model ordinance adopted by the DWR; and
WHEREAS, consistent with the Water Efficiency in Landscaping Act,
DWR has prepared a revised model water efficient landscaping ordinance and has
provided the document to local agencies to consider for adoption; and
WHEREAS, the Western Riverside Council of Governments ("WRCOG")
received from DWR the State's revised model water efficient landscaping ordinance;
and
WHEREAS, WRCOG commissioned the Riverside County Water Task
Force ("Task Force") to prepare a local model water efficient landscape ordinance that
is as effective in the conservation of water as the State's model ordinance but which is
addresses the unique climatological, geographical, and other needs of Riverside
County; and
WHEREAS, the Task Force prepared and WRCOG endorsed a local
model water efficient landscape ordinance that is as effective in the conservation of
water as the State's model; and
WHEREAS, WRCOG has encouraged all cities within the WRCOG region
to adopt the local water efficient landscape ordinance in order to provide consistency
and economy of scale throughout Riverside County with regard to water conservation in
landscaping; and
WHEREAS, the City desires to repeal Chapter 19.08 of the Lake Elsinore
Municipal Code and to adopt in its place the local model ordinance prepared by the
Task Force and endorsed by WRCOG ("the Proposed Amendment"), which is as
effective in conserving water as the updated model ordinance adopted by the DWR; and
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WHEREAS, the Proposed Amendment is subject to the provisions of the
California Environmental Quality Act (Public Resources Code, Sections 21000, et seq.:
"CEQA") and the State Implementation Guidelines for CEQA (14 California Code of
Regulations sections 15000, et seq.: "CEQA Guidelines") because the Proposed
Amendment involves an activity which may cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment,
and involves the issuance of a lease, permit license, certificate, or other entitlement for
use by one or more public agencies (Public Resources Code section 21065); and
WHEREAS, pursuant to CEQA Guidelines section 15063, the City
conducted an Initial Study to determine if the Proposed Amendment would have a
significant effect on the environment. Based upon the results of that Initial Study, there
was no substantial evidence that the Proposed Amendment or any of its aspects may
cause a significant effect on the environment; and
WHEREAS, based upon the results of the Initial Study, and based upon
the standards set forth in CEQA Guidelines, Section 15070, it was determined
appropriate to prepare and circulate Negative Declaration No. 2008-11; and
WHEREAS, pursuant to CEQA Guidelines, Section 15073, on October 13,
2009, the City duly issued a notice of intent to adopt the Negative Declaration; and
WHEREAS, the Planning Commission of the City of Lake Elsinore at a
regular meeting held on November 17, 2009, made its report upon the desirability of the
Proposed Amendment and provided a recommendation to the City Council for adoption
of Negative Declaration 2008-11; and
WHEREAS, the City Council of the City of Lake Elsinore has the
responsibility for adopting Negative Declarations; and
WHEREAS, on December 22, 2009, at a duly noticed public hearing, the
City Council of the City of Lake Elsinore considered evidence presented by the
Community Development Department and other interested parties with respect to this
item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council has evaluated all comments, written and
oral, received from persons who have reviewed the Negative Declaration.
SECTION 2. The City Council has found that the Negative Declaration for
the Proposed Amendment is adequate and has been completed in compliance with
CEQA, the State CEQA Guidelines, and the City's procedures for implementation of
CEQA. The City Council has reviewed and considered the information contained in the
Negative Declaration and finds that the Negative Declaration represents the
independent judgment of the City.
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SECTION 3. The City Council further finds and determines that none of
the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of
the Negative Declaration are present and that it would be appropriate for the adoption of
the Negative Declaration as proposed.
SECTION 4. The City Council makes the following findings regarding the
lack of potential environmental impacts of the Proposed Amendment and the analysis
and conclusions set forth in the Negative Declaration:
1. Revisions in the Project plans or proposals made by or agreed to
by the applicant before a Negative Declaration and Initial Study are released for public
review would avoid the effects or mitigate the effects to a point where clearly no
significant effects would occur.
Based upon the Initial Study conducfed for the Proposed Amendment, there is no
subsfantial evidence suggesting that the Proposed Amendment may have a signi�cant
effect on the environment.
2. There is no substantial evidence, in the light of the whole record
before the agency, that the Project as revised may have a significant effect on the
environment.
Pursuant to the evidence received, and in the light of the whole record presented,
the Proposed Amendment will not have a significant effect on the environment.
SECTION 5. This Resolution shall take effect from and after the date of
its passage and adoption.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, on this 22 day of December 2009.
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MELISSA A. MELENDEZ, MAYO
CITY OF LAKE ELSINORE
ATTEST:
DEBORA THOMSEN
CITY CLERK
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CC Resolution No. 62
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CC Resolution No. 62
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE SS
CITY OF LAKE ELSINORE
I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, do hereby
certify that Resolution No. 2009-62 was adopted by the City Council of the City of Lake
Elsinore, California, at a regular meeting held on the 22" day of December, 2009, and that
the same was adopted by the following vote:
AYES: Bhutta, Buckley, Hickman, Magee, Melendez.
NOES: None.
ABSENT: None.
ABSTAIN: None.
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